Mitigation and Aggravation, Sentencing Factors

Sentencing: What does a Judge consider when deciding if you get probation or jail?

When a judge has to sentence a person, he or she will use his or her preconceived beliefs, the facts of the case, and the law. The “law” is the Illinois Revised Statutes. The statute clearly states what a Judge has to take into account during sentencing.

Factors that Must Be Considered:

The Illinois Revised Statutes has a listing of what a Judge must consider in sentencing. There are two sections: factors in aggravation (factors that should increase the punishment) and factors in mitigation (factors that should decrease the punishment).

Factors in mitigation (decreasing a sentence) and that help you get probation:

1 If your action did not cause or threaten to cause serious physical harm to another.

2. If you thought your action would not cause or threaten to cause serious physical harm to another person.

3. If you acted under a strong provocation.

4. There are substantial reasons that excuse or justify your action, although the reason does not raise to the level of a defense.

5. Your action was assisted by someone else.

6. You have compensated or are going to compensate the person who is injured or suffered damage.

7. You have no prior history of crime or have lead a law abiding life for a long period of time.

8. Your crime is based upon events that are unlikely to occur again.

9. Your attitude is such that you are unlikely to commit another crime.

10. You are likely to follow the rules of probation.

11. If you are sent to jail, it would cause a great hardship on the individuals you support.

12. Placing you in jail would endanger your health.

13. If your mental capacity is diminished.

14. In the case of an overdose, if you sought medical assistance.

15. If, at the time of the offense, you were a victim of domestic violence.

16. If, at the time of the offense, you were suffering from a serious mental illness.

Although not all of these factors will not be relevant to your case, some will. As an attorney, I will carefully review all of the factors and focus on the ones that support my client’s facts.

Factors that INCREASE the punishment:

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Call Attorney Michael Young to review your case. Attorney Young offers a free no-obligation consolation either by telephone or in-person.